JUDGMENT :- The house in suit originally belonged to Ram Bali. A gift deed was executed by him on 29-4-1941 in favour of Smt. Mahdei daughter of Ram Bali. Smt. Mahdei died in the year 1957 after the enforcement of Hindu Succession Act. The house thereupon devolved on her mother Smt. Mangla, who too died on 24-10-1961 leaving behind a son Ram Charan and daughter Smt. Saheb Dei. Ram Charan and Smt. Saheb Dei thus inherited the said house each having a half share therein. Ram Charan however, executed a gift deed in respect of the whole house in favour of his wife Smt. Shiv Rani on 24-1-1962. Smt. Saheb Dei on the other hand sold the entire house aforesaid to Ram Bilas on 3-3-1962. Ram Charan is now dead. Smt. Shiv Rani his wife is alive.

2. Before the appellate court below it was stated by the learned counsel for the appellant as also the respondents that the plaintiff got only half share in the house whereas the remaining half belonged to Ram Charan and then the remaining half share of Ram Charan came to be owned by Smt. Shiv Rani. In this way Ram Bilas has half share in the house and the other half belongs to Smt. Shiv Rani, respondent No. 1.

3. For the appellant it was urged that nei

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